Protecting Trade Secrets Blog Quoted in the New York Times

The New York Times has been covering the dispute between David Einhorn’s Greenlight Capital and an anonymous blogger who published Greenlight’s confidential investment strategy. I wrote about the case here. The New York Times published an article about the case that includes a quote from my blog post:

“Laws prohibiting trade-secret misappropriation by definition restrict speech,” Eric W. Ostroff, a commercial litigation and trade secret lawyer with Meland Russin & Budwick, wrote on his blog. “Allowing someone to hide behind an online pseudonym could render these laws ineffective.”

As the article notes, this is a very interesting case that highlights the competing interests between the First Amendment and trade-secret misappropriation laws. In a world where everyone has access to social media and blogging resources that allow for the free, easy, and widespread dissemination of information, trade-secret-misappropriation laws need to restrict people from anonymously disclosing trade secrets.

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